Terms & Conditions PDF 

By accepting supply of Gas, you agree to be bound by these conditions. These conditions apply except if inconsistent with an agreement you have made with us.

Expressions used in these conditions
The words defined below have the following special meanings, unless the context requires otherwise: You, your means our customer, and if we open an account with you, the persons named in that account; We, us, ours mean Elgas Limited ACN 002 749 260 its employees, its related entities, its agents or its contractors; Gas, means the gas we deliver to our or your equipment at your premises; Our Equipment means the Gas storage equipment we lend to you at your premises; Your premises means the premises you occupy or own; Service Charge means the amount you pay us yearly or other in advance for the maintenance of our Equipment and for borrowing our Equipment. Notice means any advice or information we give you, which may be given by telephone or in writing (for example, on our invoice, delivery docket or statement). If written, it will be effective if it is posted or delivered to you at your premises.

Words referring to one gender include all genders and singular words include the plural and vice versa, where the context requires this. Headings are only for convenient reference and are not part of these conditions.

Gas Supply
We will supply such Gas as you reasonably require. You agree to buy all your requirements of Gas for your premises from us. You will not hold us liable for any loss or damage if we are not able to supply Gas to you for a reason beyond our control. We may ration our available supplies of Gas if there is likely to be a supply shortage of Gas.


Our equipment and safety
We will lend you our Equipment and maintain our Equipment in reasonable working order in accordance with our usual maintenance program.

You agree to: care for the Gas and our Equipment safely, lawfully and in accordance with our reasonable safety directions to you; provide a safe and lawful site for the Gas; immediately inform us by telephone of any suspected gas leak from our Equipment; allow only us to refill our Equipment and only with the relevant Gas being supplied; give us at least 2 business days notice before you vacate your premises; preserve our ownership of our Equipment and accept that the Equipment, whether affixed to the land or not at all times remains the sole property of Elgas and not deliver our Equipment to anyone other than us and not relocate our Equipment anywhere else on, or away from, your premises; allow us reasonable access to our Equipment on your premises to allow us to connect, refill, exchange, maintain, disconnect and repossess our Equipment; and accept that ownership of, and risk in, the Gas are yours on delivery and payment of the Gas to your premises. We need not deliver Gas to you if you breach any of the above equipment or safety provisions.

Paying for Gas and our service
You agree to pay us for Gas and the following service, at the rates we inform you of, from time to time: the price for the Gas; the service charge; a security deposit, if we notify you that we require it; Equipment and Gas, connection, reconnection and disconnection fees, short notice delivery fee; abortive delivery fee.

We may change your rates for Gas, and the above services by notice to you from time to time, effective immediately from the date of the notice. We set those rates with regard to normal commercial matters, including the application, volume, local competition and local costs of supply. The rates applicable for Gas and services supplied to you are those current at the time of delivery. Our local office will advise you of those rates on request.

It is important that you pay us the money you owe us by the due date. You agree to pay us in cash on delivery of Gas, or the relevant service, unless we agree to conduct an account with you, in which case you agree to pay us within twenty-one (21) days from the date of our invoice to you. If you are late paying us any money due to us, we need not supply Gas to you or we may require you to pay for Gas on delivery, and late payment fees and interest may apply.

Ending your Elgas agreement
The parties can end the agreement in accordance with the terms of the agreement between you and us. If you either: fail to pay us any money which you are due to pay to us, or fail to rectify a breach of any other obligation you have to us within 7 days of our request that you rectify the breach, we may immediately terminate your rights under these conditions.

On and after termination of your rights under these conditions, you will allow us to immediately disconnect and repossess our Equipment or, if we so request, you will immediately return our Equipment to us at our local office. You will pay us the reasonable cost of our repossessing our Equipment. We will credit you for any Gas returned to us in our Equipment, if you request it at the time of return.

Limitation of our liability
If we become liable to you for any breach of warranty or condition implied by law, our liability shall be limited to either the replacement of supply of equivalent Gas or services or paying the cost of acquiring equivalent Gas and services. We will not be liable to you for any indirect or consequential loss or damage under any circumstances or at any time.

Changes to these conditions
If we notify you of a change to these conditions, that change takes effect 7 days after notice to you.
 

 
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